Selectmen divided on large assembly law

NORTH HAMPTON — Selectman Larry Miller has accused his fellow Select Board members of "making a mockery" of the town's recently adopted large assembly ordinance.

Shir Haberman

NORTH HAMPTON — Selectman Larry Miller has accused his fellow Select Board members of "making a mockery" of the town's recently adopted large assembly ordinance.

Selectman Phil Wilson and board Chairman Jim Maggiore voted three events did not need large assembly permits, prompting criticism from Miller over their application of the controversial town law, which was approved by voters in May. One of the events allowed to go on without a permit was Fuller Gardens' annual Garden Party, which had previously canceled due to concerns over the same law.

"You're acting as if the (ordinance) doesn't mean anything," Miller said. "This ordinance is useless unless you intend to run the town by exception and when you do that, there will be no end to it."

The ordinance was developed last year after the group that operates the Runnymede Farm attempted to schedule large concerts on that property. The Select Board voted not to allow those events, but decided that a formal process was necessary to protect public health and safety during any event in town that would bring in 150 or more people.

The ordinance required event organizers to supply information on how parking and traffic would be handled, how sanitation would be handled and how basic needs, such as water, would be met. It required an application for the event to be submitted 60 days in advance in order to allow the Select Board, in consultation with the police and fire chiefs, to make a decision on granting a permit.

On Monday, the board took up four requests for large gatherings, all of which failed to meet the 60-day requirement. Maggiore and Wilson voted that permits are not needed for the Fuller Gardens event on Aug. 29, a birthday party on Aug. 11 at the residence of Jeanne Falzone on Willow Avenue and a competitive community barbecue on Aug. 19 at the United Church of Christ.

The Fuller Gardens event, which was originally scheduled for July 11, had been canceled after selectmen said the nonprofit had failed to meet the 60-day requirement. Thee board reversed course on Monday in a 2-1 vote with Miller voting in opposition.

Miller accused his colleagues of trying to circumvent the ordinance in order to allow the event to happen.

Wilson and Maggiore, however, found that the Garden Party did not need a permit under the ordinance, which applies to events held "for the purpose of entertainment, games, shows or exhibitions at which 150 people or more may reasonably be expected to be present."

"I would say that this board could find that Fuller Gardens does not need a permit," Wilson said.

The event normal draws between 225 and 325 people to the garden's Willow Avenue location. It is billed as a "thank you" party for supporters of the organization at which food and music are featured.

Jamie Colen, the garden director, who was present at Monday's board meeting, confirmed that the party had featured music in the past. He did not answer when asked whether that would change this year in view of the Select Board's decision.

However, a new posting on the Fuller Gardens' Web site indicates there will be live music, wine and cheese tasting and food.

In regards to the birthday party for about 200 people, Wilson said, "it would be a stretch" to require a permit for this type of event. He said the ordinance has been "disrupting the normal activities of this community that we never intended to do. I don't want to preclude citizens from having birthday parties."

Under the town's public facilities use policy, the United Church of Christ was required to obtain a permit to use the bandstand facilities for its barbecue. However, when it was noted that the organization's application indicated that as many as 150 people could attend, the large assembly law came up.

The ordinance does not require religious or political organizations to obtain a permit unless the event's purpose is to raise funds. The UCC event aims to raise money to replace the church's stained glass windows.

Again, Wilson and Maggiore said the permit was not required.

"If the organizers say the top limit is 150 people, it is reasonable to assume there won't be 150 people there," Wilson said. Maggiore agreed.

Sarah's Ride rejected

The only event that ran into trouble with the Select Board on Monday was the third annual Sarah's Ride/firefighters' appreciation fund-raiser, planned for Sept. 1. Seacoast Motorcycles requested to host the event to benefit firefighter charities, the American Cancer Society and the Sarah Fox Memorial Fund set up in honor of a Portsmouth firefighter who lost her life to cancer last December.

Selectmen unanimously rejected the permit because the Harley-Davidson dealership did not file its request the required 60 days in advance.

The organizers indicated there would have been a display of fire trucks, vendors, live music and food at the event.

"I've been looking for ways to make this (event) happen, (but) this one is a little too thin for me," Maggiore said.

However, both Wilson and Maggiore voted that a permit would not be needed if the event did not have vendors or music.

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